Wyoming 2025 2025 Regular Session

Wyoming Senate Bill SF0065 Introduced / Bill

Filed 12/28/2024

                    2025
STATE OF WYOMING
25LSO-00881SF0065
SENATE FILE NO. SF0065
Data privacy-government entities.
Sponsored by: Select Committee on Blockchain, Financial 
Technology and Digital Innovation Technology
A BILL
for
1 AN ACT relating to the administration of the government; 
2 requiring government entities to adopt policies for the 
3 collection, access, security and use of personal data as 
4 specified; requiring specific personal data policies; 
5 providing definitions; specifying applicability; and 
6 providing for effective dates.
7
8
9
10.  W.S. 9-21-201 and 9-21-202 are created to 
11 read:
12
13 ARTICLE 2
14 DATA PRIVACY-GOVERNMENT ENTITIES
15 2025STATE OF WYOMING25LSO-00882SF00651
2
3 (a)  As used in this article:
4
5 (i)  "Deidentified data" means data that cannot 
6 reasonably be used to infer information about, or otherwise 
7 be linked to, an identified or identifiable natural person 
8 or personal digital identity or a device linked to a 
9 natural person or personal digital identity, if the 
10 government entity that possesses the data takes reasonable 
11 measures to ensure the data cannot be associated with a 
12 natural person or personal digital identity;
13
14 (ii)  "Government entity" means the state and all 
15 its political subdivisions, agencies, instrumentalities and 
16 institutions and any local government entity. "Government 
17 entity" shall not include the judicial branch of government 
18 or any law enforcement agency in Wyoming;
19
20 (iii)  "Identified or identifiable natural 
21 person" means a natural person who can be readily 
22 identified, directly or indirectly, by reference to an  2025STATE OF WYOMING25LSO-00883SF0065
1 identifier such as a name, an identification number, 
2 specific geolocation data or an online identifier;
3
4 (iv)  "Law enforcement agency" means a county, 
5 municipal, college or university police force, Wyoming 
6 highway patrol, the division of criminal investigation, the 
7 department of corrections or any state or local agency or 
8 political subdivision or part of an agency or political 
9 subdivision to the extent that the primary purpose of the 
10 agency or political subdivision, or part thereof, is the 
11 prevention or investigation of crime or the enforcement of 
12 penal, traffic, regulatory or criminal laws. "Law 
13 enforcement agency" shall not include the office of any 
14 city, county or district attorney or other division of the 
15 attorney general;
16
17 (v)  "Personal data" means information that is 
18 linked or reasonably linkable to an identified or 
19 identifiable natural person or personal digital identity 
20 and does not include deidentified data;
21
22 (vi)  "Personal digital identity" means as 
23 defined in W.S. 8-1-102(a)(xviii). 2025STATE OF WYOMING25LSO-00884SF00651
2
3
4
5 (a)  No government entity shall purchase, sell, trade 
6 or transfer personal data without the express written 
7 consent of the natural person except as otherwise expressly 
8 provided by law and except that:
9
10 (i)  A government entity may transfer personal 
11 data to another government entity provided that the other 
12 government entity complies with this article; 
13
14 (ii)  A government entity may petition the 
15 elected governing person or body with direct authority over 
16 the government entity for an exception to this subsection 
17 on a case by case basis. The elected governing person or 
18 body, in the elected governing person's or body's 
19 discretion, may publicly approve in writing an exception to 
20 this subsection not to exceed a term of two (2) years per 
21 petition; and
22 2025STATE OF WYOMING25LSO-00885SF00651 (iii)  Nothing in this subsection shall be 
2 construed to prohibit the transfer of personal data that is 
3 otherwise compliant with the Health Insurance Portability 
4 and Accountability Act or the Family Education Rights and 
5 Privacy Act.
6
7 (b)  Any Wyoming resident may request a copy of their 
8 personal data from any government entity maintaining it.  
9 The government entity may charge a fee for production of 
10 the requested personal data consistent with fees authorized 
11 to be charged under the Wyoming Public Records Act, W.S. 
12 16-4-201 through 16-4-205. 
13
14 (c)  A Wyoming resident who objects to the accuracy, 
15 completeness, pertinence, timeliness, relevance, retention, 
16 dissemination or denial of access to the resident's own 
17 personal data that is maintained by a government entity 
18 may, individually or through a duly authorized 
19 representative, file an objection with the government 
20 entity that maintains the data. The government entity 
21 maintaining the personal data shall, within sixty (60) days 
22 of the receipt of an objection:
23 2025STATE OF WYOMING25LSO-00886SF00651 (i)  Investigate the validity of the objection;
2
3 (ii)  If the objection is found to be meritorious 
4 after investigation, alter the contents of, or the methods 
5 for holding, or the dissemination or use of the personal 
6 data, or delete or grant access to it;
7
8 (iii)  If the objection is found to lack merit 
9 after investigation, provide the resident the opportunity 
10 to have a statement reflecting the resident's views 
11 maintained and disseminated with the personal data in 
12 question;
13
14 (iv)  Notify the resident in writing of any 
15 decision regarding the resident's objection.
16
17 (d)  To the extent that a provision of this article 
18 conflicts with another provision of state or federal law, 
19 the other provision shall control. 
20
21W.S. 9-21-203 is created to read:
22 2025STATE OF WYOMING25LSO-00887SF00651
2
3
4 (a)  In addition to the policies required under W.S. 
5 9-21-101, if applicable, each government entity that 
6 collects or retains personal data shall adopt, enforce and 
7 maintain a policy regarding the collection, access, 
8 retention, security and use of personal data consistent 
9 with all applicable federal and state laws, including this 
10 article.
11
12 (b)  No government entity shall collect or maintain 
13 more personal data than is reasonably necessary for the 
14 performance of the government entity's lawful functions. 
15 All personal data collected and maintained by government 
16 entities shall be necessary for a specific pre-defined 
17 purpose.
18
19 (c)  No government entity shall maintain personal data 
20 for longer than three (3) years without an express written 
21 policy identifying the extended retention period and 
22 providing a reasonable justification for the extended 
23 retention period. Statutory retention requirements provided  2025STATE OF WYOMING25LSO-00888SF0065
1 for in W.S. 9-2-405 through 9-2-413 constitute a reasonable 
2 justification.
3
4
5 chief information officer in consultation with the state 
6 archivist shall develop sample policies for use by state 
7 agencies, counties, cities, towns and other political 
8 subdivisions consistent with the requirements of this act.
9
10.  W.S. 9-2-203 as created by section 2 of 
11 this act shall be effective as to counties, cities or towns 
12 on July 1, 2027 and as to each political subdivision of the 
13 state other than state agencies, counties, cities or towns 
14 on July 1, 2028. All state agencies, counties, cities, 
15 towns and other political subdivisions shall adopt any 
16 necessary policies and procedures to meet the requirements 
17 of this act.
18 2025STATE OF WYOMING25LSO-00889SF00651.  
2
3 (a)  Section 2 of this act is effective July 1, 2026.
4
5 (b)  Sections 1, 3, 4 and 5 of this act are effective 
6 immediately upon completion of all acts necessary for a 
7 bill to become law as provided by Article 4, Section 8 of 
8 the Wyoming Constitution.
9
10 (END)